State ex rel. Department of Highways v. Roman Catholic Bishop

OPINION

In this case the State failed to docket the record on appeal within the maximum time permitted by NRCP 73(g). It had secured a district court order extending the time within which to do so to a day not more than 90 days from the date of filing its notice of appeal. The record on appeal was finally filed with this court 23 days late. Because of this the respondent moved to dismiss the appeal. The State seeks to defeat the motion by the affidavit of a legal research assistant of the highway department, purporting to show excusable neglect. It appears from that affidavit that 88 days had…